Legal Question in Construction Law in California

Can civil court rulings be use in a criminal case?


Asked on 8/04/11, 12:44 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is probably not the right heading for a question involving criminal procedure. The lawyers who answer construction-law related questions have probably forgotten what they learned in law school about admissibility of evidence in criminal cases.

I'm sure I have, and I even spent three years law clerking in a public defender's office.

My hunch is that the criminal court will allow a party in a criminal proceeding to request that the court take judicial notice of rulings, orders, judgments, etc. of a civil court if the evidence is otherwise admissible, i.e. relevant and not otherwise inappropriate. If it is a jury trial, the judge will review the proposed matter before allowing it to be brought before the jury for possible prejudicial effect.

For example, the standard of proof in a civil case is substantially more lax than in a criminal case. Therefore, the judge may not want the jury to hear that X was found liable at his civil trial, because civil liability is a long shot from criminal guilt.

I recommend that you re-ask your question under criminal law and procedure or a similar LawGuru topic heading.

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Answered on 8/04/11, 6:35 pm

Mr. Whipple is basically correct, although you don't need a criminal law background to know admissibility of evidence. The rules of evidence are the same in civil and criminal cases. Judicial rulings are judicially noticeable in any kind of proceeding. The issue you will most likely face is relevance. Because civil proceedings almost invariably have a lower standard of proof, and sometimes have an inverted burden of proof, when compared to criminal proceedings, a civil court determination is likely to be considered irrelevant and prejudicial to a criminal proceeding.

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Answered on 8/05/11, 11:51 am


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